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Kenai Peninsula Borough Assembly Meeting Minutes |
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August 2, 2005 - 7:00 p.m. Regular Meeting -Soldotna, Alaska |
CALL TO ORDER
A Regular Meeting of the Kenai Peninsula Borough Assembly was held on August 2, 2005, in the Borough Assembly Chambers, Borough Administration Building, Soldotna, Alaska. President Superman called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was recited followed by the invocation given by Envoy Craig Fanning with the Salvation Army in Kenai, Alaska.
There were present:
Gary Superman, Presiding
Dan Chay
Paul Fischer
Betty Glick
Ron Long
Milli Martin
Grace Merkes
Chris Moss
Pete Sprague comprising a quorum of the assembly.
Also in attendance were:
Dale Bagley, Borough Mayor
Colette Thompson, Borough Attorney
Sherry Biggs, Borough Clerk
Johni Blankenship, Deputy Clerk
COMMITTEE REPORTS (7:03:00)
Assembly Member Moss said the Finance Committee met and discussed its lengthy agenda.
Assembly Member Merkes stated the Lands Committee met and addressed its agenda items.
Assembly Member Sprague said the Policies and Procedures Committee met and discussed its agenda items.
Assembly Member Long stated the Legislative Committee meet and discussed its agenda. The Committee also heard a report from Assembly Members Glick and Sprague on their recent trip to Honolulu, HI to attend the National Association of Counties Annual Conference. Bill Popp presented a preliminary overview of the federal "Energy Policy Act of 2005"
APPROVAL OF AGENDA AND CONSENT AGENDA (7:29:10)
MOTION TO APPROVE AGENDAS: Glick moved for the approval of the agenda and consent agenda.
President Superman called for additions, corrections or deletions to the agenda or consent agenda.
The following items were moved from the consent agenda to the regular agenda:
The following item was added to the consent agenda:
Copies having been made available to the public, Borough Clerk Sherry Biggs noted by title only the resolutions, ordinances and minutes on the consent agenda.
Lynn Hohl City of Seward Term Expires July 31, 2008
President Superman called for public comment on consent items agenda with none being offered.
AGENDAS APPROVED AS AMENDED: Unanimous.
(7:41:00)
COMMENDING RESOLUTIONS AND PROCLAMATIONS
Mayor Dale Bagley read aloud a commending resolution in memoriam recognizing the contributions and commitments of Donald E. Gilman.
President Superman read aloud a commending resolution in memoriam recognizing the commitment and service to the Kenai Peninsula Borough by Andrew "Drew" Scalzi.
(7:45:41)
PRESENTATIONS WITH PRIOR NOTICE
Tim Dillon, Executive Director of the 2006 Arctic Winter Games, presented the third quarter report.
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (8:07:57)
President Superman opened the public comment period with none being offered.
REPORTS OF COMMISSIONS AND COUNCILS - None.
MAYOR'S REPORT (8:08:25)
Agreement and ContractsSpruce Bark Beetle Mitigation Program:
Approval of contract with Sea Level Construction for Homer High School Gym Floor Refinishing
Approval of contract with East Road Services, Inc. for Construction and Installation of gate at Eagle Lake Gravel off Basargin Road in HomerApproval of contract with Peninsula Pumping for Septic Pumping at various school facilities
Approval of sole source with Floor-Ever, Inc. for Skyview High School Flooring Replacement
Approval of contract with Zumar Industries for Road Sign Supplies
Approval to award contract to Steve T. Goniotakis for Technical Laboratory Consulting Services at CES
Approval of contract with AA Dan's Construction, Inc. for Nikiski/North Star Drainage Pit Installation
Approval of contract with Harbor Enterprises dba Petro Marine Services Alaska Oil Sales for Fuel Supply for CES
Approval of contract with Coast Range Construction, Inc. for Track Drainage Improvements at Homer High School
Approval of contract with Kraxberger Drilling, Inc. for Tustumena Elementary School Water Well
Approval of bid award to Pacific Wire for Baling Wire Supply for Homer Landfill
Approval to Purchase a Caterpillar Replacement Standby Generator for South Peninsula Hospital
Approval of Waste Disposal Agreement between KPB and North Pacific Maritime for offloading solid waste in Ports of Seward and Homer
Approval Authorizing Award of a Contract for Purchase of School Buses for AWG
Approval of sole source contract with TelAlaska for Installation of Telephone Utilities in the Birch and Grouse Ridge Subdivision
Other
Memo from Marcus Mueller, KPB Land Management Agent for ConocoPhillips Lease of the Beach Access Tract in Moose Point Subdivision
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None
PUBLIC HEARINGS ON ORDINANCES
(8:08:30)
Ordinance 2005-13: Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (First of Two Hearings) (Referred to Lands Committee)
MOTION: Merkes moved to enact Ordinance 2005-13.
President Superman called for public comment.
The following people spoke in support of Ordinance 2005-13:
Connie Alderson, PO Box 221, Anchor Point, AK
Helen Schwert, 72229 North Fork Road, Anchor Point, AK
Steve Ebbert, 71080 Gillham Court, Anchor Point, AK
Bill Sweat, 34747 Duncan Drive, Sterling, AK
Melvin Harbort, Green Field Road Lot 13, Anchor Point, AK
Melvin Bailey, 38285 O'Grady Court, Kenai, AK
Ann Bayes, PO Box 575, Anchor Point, AK
Ricky Gease, PO Box 700, Kenai, AK
There being no one else who wished to speak, the public comment period was closed.
Assembly Member Merkes asked Borough Attorney Colette Thompson to determine if she had a conflict and should she abstain from action on Ordinance 2005-13 being that she owned a gravel pit. Ms. Thompson believed that Ms. Merkes may have a conflict and requested more time to review the situation.
MOTION TO POSTPONE: Sprague moved to postpone Ordinance 2005-13 until the August 16, 2005 and add an additional hearing for the September 20, 2005 meeting in Homer.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO POSTPONE PASSED: 9 Yes, 0 No, 0 Absent
(9:08:19)
Ordinance 2005-27: Authorizing Retention or Sale of Certain Real Property Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Proceedings (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-27.
Assembly Member Moss stated the ordinance allowed for the sale of tax foreclosed properties.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Moss moved to amend Ordinance 2005-27 as follows:
Section 1 deleting the following parcels:
[055-255-16-0 and 144-150-16-6.]
Section 2 deleting the following parcels from Attachment A:
[015-050-52-0, 015-040-53-8, 015-040-54-6, 015-040-56-1, 015-040-57-9, 015-040-58-7, 015-040-59-5, 015-040-60-3, 015-040-61-1, 015-040-62-9, 015-040-63-7, 015-040-64-5, 133-390-10-4, 133-390-15-3, 133-390-16-1, 157-063-37-1, 159-290-26-1.]
VOTE ON MOTION TO AMEND: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Glick, Fischer, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(9:13:00)
Ordinance 2005-28: Providing for Submission to the Qualified Voters of the Central Emergency Service Area in the Kenai Peninsula Borough, Alaska, the Question of Authorizing the Issuance of General Obligation Bonds of the Central Emergency Service Area Not to Exceed Two Million Five Hundred Thousand Dollars ($2,500,000) to Pay the Costs of Planning, Designing, Constructing, Equipping and Financing a Fire Station in Kasilof, Within the Central Emergency Service Area, Construction of the Facilities at an Election in and for the Service Area on October 4, 2005 (Mayor) (Referred to Finance Committee)
Ordinance 2005-28 (Mayor) Substitute: Providing for Submission to the Qualified Voters of the Central Emergency Service Area in the Kenai Peninsula Borough, Alaska, at an Election in and for the Service Area on October 4, 2005, the Question of Authorizing the Issuance of General Obligation Bonds of the Central Emergency Service Area Not to Exceed Two Million Five Hundred Thousand Dollars ($2,500,000) to Pay the Costs of Planning, Designing, Constructing, Equipping and Financing a Fire Station in Kasilof, and Renovating the Fire Station in the Funny River Area, all Within the Central Emergency Service Area (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-28.
Assembly Member Moss stated the ordinance would allow the voters of the Central Emergency Service Area to decide whether or not to issue general obligation bonds for the construction of a Kasilof fire station and the renovation of the Funny River Fire Station.
President Superman called for public comment with none being offered.
MOTION TO AMEND BY SUBSTITUTION: Moss moved to amend Ordinance 2005-28 by substitution.
MOTION TO AMEND BY
SUBSTITUTION PASSED: Unanimous.
MOTION TO AMEND: Moss moved to amend Ordinance 2005-28 (Mayor's) Substitute as follows:
Section 3 to read, "Shall the Kenai Peninsula Borough incur indebtedness and issue up to $2,500,000 of bonds for the costs of planning, acquisition, designing, constructing, equipping and financing a fire station in Kasilof and renovating the fire station in the Funny River area, all within the Central Emergency Service Area?
The indebtedness will be repaid from ad valorem taxes levied on all taxable property located within the Central Emergency Service Area. The Central Emergency Service Area will pledge its full faith and credit for repayment of the indebtedness.
Voter approval for this proposition authorizes for each $100,000 of assessed real and personal property value in the Central [KENAI PENINSULA HOSPITAL SERVICE] Emergency Area (based on the estimated 2005 tax year assessed valuation) an annual tax of approximately $15 to retire the proposed indebtedness.
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Glick, Fischer, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(9:21:25)
Ordinance 2005-29: Amending Chapter 5.12 of the Kenai Peninsula Borough Code to Provide for an Appointed Board of Equalization (Sprague) (Referred to Policies and Procedures Committee)
MOTION: Sprague moved to enact Ordinance 2005-29.
President Superman called for public comment.
The following person spoke in support of Ordinance 2005-29:
David Morris, 36083 Betty Lou Drive, Sterling, AK
There being no one else who wished to speak, the public comment period was closed.
MOTION TO AMEND: Sprague moved to amend Ordinance 2005-29 as follows:
Section 5 to read, "That this ordinance shall automatically expire on December 31, 2006 [AUGUST 6, 2006], unless the assembly by ordinance has altered or extended that date."
Section 6 to read, "That this ordinance shall take effect [IMMEDIATELY UPON ITS ENACTMENT] on January 1, 2006."
MOTION TO AMEND PASSED: Unanimous.
Assembly Members Sprague, Martin, Merkes, Chay and Long spoke in support of Ordinance 2005-29.
Assembly Members Glick and Fischer spoke in opposition to Ordinance 2005-29.
President Superman passed the gavel to Vice President Long. President Superman spoke in support of Ordinance 2005-29. Vice President Long returned the gavel.
MOTION TO AMEND: Sprague moved to amend Ordinance 2005-29 as follows:
Section 2(A) to read, "The board of equalization is established with five regular members selected from the public. It shall also include two alternate members who shall meet the same qualifications as a regular board member. Members shall be appointed by the assembly on the basis of their expertise in real and personal property appraisal, the real estate market, the personal property market, and other fields related to their functions as board members. Additionally, each member shall be a resident of the Kenai Peninsula Borough. Assembly Members may serve as members of the board, subject to appointment by the Assembly."
Assembly Members Fischer and Merkes spoke in opposition to the amendment.
Assembly Member Long spoke in support of the amendment.
VOTE ON MOTION TO AMEND:
Yes: Chay, Glick, Long, Martin, Sprague, Superman
No: Fischer, Merkes, Moss
Absent: None
MOTION TO AMEND PASSED: 6 Yes, 3 No, 0 Absent
Assembly Member Fischer spoke in opposition to Ordinance 2005-29.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Long, Martin, Merkes, Moss, Sprague, Superman
No: Fischer, Glick
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 7 Yes, 2 No, 0 Absent
(10:08:33)
Ordinance 2005-30: Amending KPB 21.20.220 to Provide for an Appointed Board of Adjustment and Amending Other Code Sections to Delete References to the Assembly Sitting as the Board of Adjustment (Sprague) (Referred to Policies and Procedures Committee)
MOTION: Sprague moved to enact Ordinance 2005-30.
President Superman called for public comment with none being offered.
MOTION TO AMEND: Sprague moved to amend Ordinance 2005-30 as follows:
Section 10 to read, "That this ordinance shall automatically expire on December 31, 2007[AUGUST 6, 2006], unless the assembly by ordinance has altered or extended that date."
Section 11 to read, "That this ordinance [TAKES EFFECT IMMEDIATELY UPON ADOPTION] shall take effect on January 1, 2006."
MOTION TO AMEND PASSED: Unanimous.
Assembly Member Sprague spoke in support of Ordinance 2005-30.
MOTION TO AMEND: Long moved to amend Ordinance 2005-30 as follows:
Section 9 to read, "That KPB 21.30.110(B) is hereby deleted [AMENDED AS FOLLOWS:
22.30.110. COMPENSATION -- ALLOWANCES -- BENEFITS -- WAIVER.
B. WHEN SITTING AS A MEMBER OF THE [BOARD OF ADJUSTMENT OR THE] BOARD OF EQUALIZATION, ASSEMBLY MEMBERS SHALL BE COMPENSATED AT THE RATE OF $100.00 PER SESSION FOR EACH SESSION, SUBJECT TO A MAXIMUM PAYMENT OF $100.00 PER DAY. THIS IS IN ADDITION TO ALLOWANCES FOR EXPENSES PROVIDED ELSEWHERE IN THIS CODE.]"
MOTION TO AMEND PASSED: Unanimous.
Assembly Members Moss, Long and Chay spoke in favor of Ordinance 2005-30.
Assembly Members Merkes and Martin spoke in opposition to Ordinance 2005-30.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Long, Moss, Sprague, Superman
No: Fischer, Glick, Martin, Merkes
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 5 Yes, 4 No, 0 Absent
(10:29:13)
UNFINISHED BUSINESS - Postponed Items
Resolution 2005-050: Reclassifying Certain Borough Land Located in the Russian Gap Area of Cooper Landing, Section 25, T5N, R3W, S. M., Alaska, as Recreational (Mayor) (Referred to Lands Committee)
Resolution 2005-050 (Mayor) Substitute: Reclassifying Certain Borough Land Located in the Russian Gap Area of Cooper Landing, Section 25, T5N, R3W, S. M., Alaska, as Recreational (Mayor) (Referred to Lands Committee)
[Clerk's Note: There was a motion to adopt on the floor from the June 9, 2005 meeting.]
Assembly Member Merkes stated the resolution would reclassify land in Cooper Landing to recreational as recommended by the Cooper Landing Advisory Planning Commission as it was not used in the senior development plan.
President Superman called for public comment.
The following person spoke in support of Resolution 2005-050 :
Bill Stockwell, PO Box 721, Cooper Landing, AK
There being no one else who wished to speak the public comment period was closed.
Assembly Members Long and Martin spoke in support of Resolution 2005-050.
MOTION TO AMEND BY SUBSTITUTION: Fischer moved to amend Resolution 2005-050 by Substitution.
VOTE ON MOTION TO AMEND BY SUBSTITUTION:
Yes: Fischer, Superman
No: Chay, Glick, Long, Martin, Merkes, Moss, Sprague
Absent: None
MOTION TO AMEND BY
SUBSTITUTION FAILED: 2 Yes, 7 No, 0 Absent
Assembly Member Glick spoke in support of Resolution 2005-050.
VOTE ON MOTION TO ADOPT:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ADOPT PASSED: 9 Yes, 0 No, 0 Absent
(11:01:36)
MOTION: Long moved to suspend the rules and address Resolution 2005-075 as the first item of new business.
MOTION PASSED: Unanimous.
MOTION: Sprague moved to extend the legislative deadline by one half hour to Midnight.
MOTION PASSED: Unanimous.
Resolution 2005-067: Authorizing the Mayor, on Behalf of the Kachemak Emergency Service Area, to Enter into an Agreement with the City of Homer to Provide Fire and Emergency Medical Services (Martin, Mayor) (Referred to Finance Committee)
[Clerk's Note: There was a motion to adopt on the floor from the July 12, 2005 meeting.]
President Superman called for public comment with none being offered.
MOTION TO POSTPONE: Moss moved to postpone Resolution 2005-067 until the September 6, 2005 meeting.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO POSTPONE PASSED: 9 Yes, 0 No, 0 Absent
(11:03:57)
Resolution 2005-070: Placing Advisory Propositions on the Ballot Regarding Construction of a Bridge Over the Kenai River, Connecting the Sterling and Funny River Communities, Commonly Known as the Funny River Bridge (Merkes, Mayor) (Referred to Lands Committee)
[Clerk's Note: There was a motion to adopt on the floor from the July 12, 2005 meeting.]
President Superman called for public comment.
The following people spoke in support of Resolution 2005-070:
Clenus W. Saathoff, 35565 King Salmon Avenue, Soldotna, AK
John Grunza, 35515 King Salmon Avenue, Soldotna, AK
Paul Eskelin, 35095 Funny River Road, Soldotna, AK
Barbara Bonk, PO Box 2841, Soldotna, AK
Jim Gill, PMB 335 Kenai Spur Highway, Soldotna, AK
Warren Hoffler, Mile 33.5 Kenai River, Soldotna, AK
Linda Heath, Alaska Legends Resort Lodge, Mile 17 Funny River Road, Soldotna, AK
Dee Cash, Mile 13.5 Funny River Road, Soldotna, AK
Byron Bondurandt, 32370 River Wind Drive, Soldotna, AK
The following people spoke in opposition to Resolution 2005-070:
Ricky Gease, Kenai River Sports Fishing Association, PO Box 700, Kenai, AK
David Paulson, PO Box 2093, Sterling, AK
Bill Sweat, PO Box 119, Sterling, AK
David Morris, 36083 Betty Lou Drive, Sterling, AK
There being no one else who wished to speak, the public comment period was closed.
Having reached the legislative deadline, President Superman recessed the meeting at 11:59 p.m. The Assembly was scheduled to reconvene at 10:00 a.m. on Wednesday, August 3, 2005.
CALL TO ORDER
The Regular Meeting of the Kenai Peninsula Borough Assembly reconvened on August 3, 2005, in the Borough Assembly Chambers, Soldotna, Alaska. President Superman called the meeting to order at 10:00 a.m.
There were present:
Gary Superman, Presiding
Dan Chay
Betty Glick
Milli Martin
Grace Merkes
Chris Moss
Pete Sprague
comprising a quorum of the assembly.
Absent:
Paul Fischer (excused)
Ron Long (excused)
Also in attendance were:
Colette Thompson, Borough Attorney
Sherry Biggs, Borough Clerk
Johni Blankenship, Deputy Clerk
(10: 02:03)
Resolution 2005-070: Placing Advisory Propositions on the Ballot Regarding Construction of a Bridge Over the Kenai River, Connecting the Sterling and Funny River Communities, Commonly Known as the Funny River Bridge (Merkes, Mayor) (Referred to Lands Committee)
[Clerk's Note: The Assembly completed public testimony on Resolution 2005-070 at the August 2, 2005 meeting.]
Assembly Members Merkes and Sprague spoke in support of Resolution 2005-070.
MOTION TO AMEND: Chay moved to amend Resolution 2005-070 as follows:
Section 1(B) to read, "Should the Kenai Peninsula Borough contribute [EITHER] funds [OR SERVICES] to the Funny River Bridge construction project? THIS IS AN ADVISORY
PROPOSITION.
Yes ______ No ______
Add a new Section 1(C) to read, "Should the Kenai Peninsula Borough contribute [EITHER] funds [OR SERVICES] to the Funny River Bridge construction project? THIS IS AN ADVISORY PROPOSITION.
Assembly Members Sprague and Martin spoke in opposition to the amendment.
Assembly Member Merkes spoke in support of the amendment.
VOTE ON MOTION TO AMEND:
Yes: Chay, Glick, Merkes, Superman
No: Martin, Moss, Sprague
Absent: Fischer, Long
MOTION TO AMEND FAILED: 4 Yes, 3 No, 2 Absent
MOTION TO AMEND: Glick moved to amend Resolution 2005-070 as follows:
Section 1 to read, "That the following ballot propositions shall be placed before the [BOROUGH ROAD SERVICE AREA] voters of the Kenai Peninsula Borough at the next regular election to read as follows:"
President Superman passed the gavel to President Pro Tem Moss. President Superman spoke in opposition to the amendment. President Pro Tem Moss returned the gavel.
VOTE ON MOTION TO AMEND:
Yes: Chay, Glick, Martin, Merkes, Moss, Sprague
No: Superman
Absent: Fischer, Long
MOTION TO AMEND PASSED: 6 Yes, 1 No, 2 Absent
Assembly Member Martin spoke in support of Resolution 2005-070.
MOTION TO AMEND: Chay moved to amend Resolution 2005-070 as follows:
Add an additional Whereas to read, "many people hope that the Funny River Bridge would unite the communities of Sterling and Funny River; and"
Assembly Member Sprague spoke in opposition to the amendment.
VOTE ON MOTION TO AMEND:
Yes: Chay, Glick
No: Martin, Merkes, Moss, Sprague, Superman
Absent: Fischer, Long
MOTION TO AMEND FAILED: 2 Yes, 5 No, 2 Absent
MOTION TO AMEND: Chay moved to amend Resolution 2005-070 as follows:
Add an additional Whereas to read, "some people have observed that the population of Funny River has increased and the fire hazards have changed over the last decades; and"
VOTE ON MOTION TO AMEND:
Yes: Chay, Glick, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: Fischer, Long
MOTION TO AMEND PASSED: 7 Yes, 0 No, 2 Absent
MOTION TO AMEND: Chay moved to amend Resolution 2005-070 as follows:
Add a additional Whereas to read, "the 1992 estimate for the cost of the Funny River Bridge was 9.3 million dollars; and"
VOTE ON MOTION TO AMEND:
Yes: Chay, Glick, Merkes, Moss, Sprague
No: Martin, Superman
Absent: Fischer, Long
MOTION TO AMEND PASSED: 5 Yes, 2 No, 2 Absent
MOTION TO AMEND: Chay moved to amend Resolution 2005-070 as follows:
Add a new Whereas to read, "it has been observed by many people that a bridge across the Funny River at the currently proposed location or towards Skilak Lake would increase traffic on Funny River Road and increase maintenance costs; and"
VOTE ON MOTION TO AMEND:
Yes: Chay
No: Glick, Martin, Merkes, Moss, Sprague, Superman
Absent: Fischer, Long
MOTION TO AMEND FAILED: 1 Yes, 6 No, 2 Absent
MOTION TO AMEND: Chay moved to amend Resolution 2005-070 as follows:
Add a new Whereas to read, "at this point there appears to be no consensus as to where the bridge should be located;"
Assembly Member Merkes spoke in opposition to the amendment.
VOTE ON MOTION TO AMEND:
Yes: Chay, Moss
No: Glick, Martin, Merkes, Sprague, Superman
Absent: Fischer, Long
MOTION TO AMEND FAILED: 2 Yes, 5 No, 2 Absent
Assembly Member Glick read into the recordAssembly Member Long's written comments, dated August 3, 2005 at 2:19 a.m., regarding Resolution 2005-070.
Assembly Members Martin and Merkes spoke in support of Resolution 2005-070.
Assembly Members Moss and Chay spoke in opposition to Resolution 2005-070.
President Superman passed the gavel to President Pro Tem Moss. President Superman spoke in opposition to Resolution 2005-070. President Pro Tem Moss returned the gavel.
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Glick, Martin, Merkes, Sprague, Superman
No: Chay, Moss
Absent: Fischer, Long
MOTION TO ADOPT AS AMENDED PASSED: 5 Yes, 2 No, 2 Absent
(11:12:10)
NEW BUSINESS
Resolution 2005-075: Decertifying a Portion of Skilak Street in the Central Region, Unit 2 (Mayor) (Referred to Lands Committee)
MOTION: Merkes moved to adopt Resolution 2005-075.
Assembly Member Merkes stated the resolution would decertify 650 feet of Skilak Lane from borough maintenance.
President Superman opened the public comment period.
The following people spoke in opposition to Resolution 2005-075:
Amber Elsey, 38130 Tustumena Road, Sterling, AK
Melvin Bailey, 38285 O'Grady Court, Kenai, AK
The following people spoke in support of Resolution 2005-075:
Kristine Schmidt, Attorney for Mr. & Mrs. Caligan, 110 S. Willow Street, Suite 101, Kenai, AK
Janie Caligan, 38053 Sterling Hwy, Sterling, AK
John Caligan, 38053 Sterling Hwy, Sterling, AK
There being no one else who wished to speak the public comment period was closed.
MOTION TO AMEND: Merkes moved to amend Resolution 2005-075 as follows:
10th Whereas to read, "in accordance with KPB 14.06.070(B)(6) the notice of assembly hearing on the decertification was advertised on July 22 and 26, 2005, in the Peninsula Clarion; and
MOTION TO AMEND PASSED: Without objection.
Assembly Members Merkes, Martin, Glick and Moss spoke in support of Resolution 2005-075.
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Chay, Glick, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: Fischer, Long
MOTION TO ADOPT AS AMENDED PASSED: 7 Yes, 0 No, 2 Absent
(12:29:17)
Resolution 2005-074: Authorizing Award of a Contract for the Subscriber Radio Procurement (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to adopt Resolution 2005-074.
Assembly Member Moss stated the purpose of the project was to purchase and install mobile, portable, and fixed control station radios for the public safety agencies of the Kenai Peninsula Borough.
President Superman opened the public comment period with none being offered.
VOTE ON MOTION TO ADOPT:
Yes: Chay, Glick, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: Fischer, Long
MOTION TO ADOPT PASSED: 7 Yes, 0 No, 2 Absent
(12:31:30)
Resolution 2005-076: Authorizing an Amendment to a Rental Agreement with Funny River Emergency Services to Expand the Property Leased by KPB to Include All of Lot 5 Salmon Bend Subdivision, FRVFD Addition, KRD 2002-24, Including the Funny River Fire Department and Disaster Relief Building and an Option to Purchase the Same to Support the Expansion of the Central Emergency Service Area (Mayor) (Referred to Lands Committee)
MOTION: Merkes moved to adopt Resolution 2005-076.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Merkes moved the amend Resolution 2005-076 as follows:
3rd Whereas to read, "at its meeting of July 25, 2005, the Funny River Emergency Services, Inc. Board [MOVED TO] supported the lease amendment provided that KPB satisfactorily performs in staffing and operating the fire station; and
Section 7 to read, "This authorization to purchase real property expires on December 15, 2010[2007].
VOTE ON MOTION TO AMEND: Without objection.
MOTION TO AMEND: Merkes moved to amend Resolution 2005-076 as follows:
Section 6 to read, "That the mayor is authorized to enter into a modified lease amendment substantially similar to the one attached, presented July 29, 2005, hereto for approval, and to make all other agreements deemed necessary in accordance with this resolution."
VOTE ON MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Merkes moved to amend Resolution 2005-076 as follows:
Section 1, 3rd paragraph to read, "in accordance with the terms and conditions of that certain Rental Agreement dated October 7, 2003 by and between Funny River Emergency Services, Inc and the Kenai Peninsula Borough, with this resolution, and with the terms and conditions substantially in the form of the modified lease amendment attached hereto."
VOTE ON MOTION TO AMEND PASSED: Without objection.
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Chay, Glick, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: Fischer, Long
MOTION TO ADOPT AS AMENDED PASSED: 7 Yes, 0 No, 2, Absent
(12:53:18)
Resolution 2005-077: Authorizing a $30,000 Grant to the Central Area Rural Transit System, Inc. ("CARTS") (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to adopt Resolution 2005-077.
President Superman opened the public comment period.
The following person spoke in support of Resolution 2005-077:
Jennifer Beckmann, PO Box 3237, Kenai, AK
There being no one else that wished to speak the public comment period was closed.
VOTE ON MOTION TO ADOPT:
Yes: Chay, Martin, Merkes, Moss, Sprague, Superman
No: Glick
Absent: Fischer, Long
MOTION TO ADOPT PASSED: 6 Yes, 1 No, 2 Absent
(12:55:46)PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None
(12:55:55)
ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
ASSEMBLY COMMENTS
Assembly Member Martin reflected on the loss of lives in the community of Seldovia.
Assembly Member Sprague stated his sadness over the loss of four prominent Alaskans over the last two weeks.
Assembly Member Merkes offered her condolences to the families who have lost loved ones in the most recent past.
ADJOURNMENT (1:02:57)
With no further business to come before the assembly, President Superman adjourned the meeting at 1:02 p.m.
I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of August 2, 2005 and its continuance on August 3, 2005.
Sherry Biggs, Borough Clerk
Approved by Assembly: